S.I. No. 161/1943 - Local Government (Officers) Regulations, 1943.
STATUTORY RULES AND ORDERS. 1943. No. 161. | ||
LOCAL GOVERNMENT (OFFICERS) REGULATIONS, 1943. | ||
ARRANGEMENT OF ARTICLES. | ||
8. Kind and number of officers to be appointed by a local authority. | ||
14. Existing officers in receipt of fixed travelling allowances. | ||
15. Journeys in respect of which travelling expenses are payable. | ||
26. Appointments to offices to which the Act of 1926 does not apply. | ||
29. Appointments to services, etc., supervised by organisations. | ||
SCHEDULE. | ||
MAJOR OFFICERS. | ||
STATUTORY RULES AND ORDERS. | ||
1943. No. 161. | ||
LOCAL GOVERNMENT (OFFICERS) REGULATIONS, 1943. | ||
The Minister for Local Government and Public Health in exercise of the powers conferred on him by Part II of the Local Government Act, 1941 , and in exercise of every other power enabling him in that behalf, hereby orders as follows, that is to say :— | ||
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1 Short title. | 1. These regulations may be cited as the Local Government (Officers) Regulations, 1943. | |
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2 Commencement. | 2. These regulations shall come into force on the 1st day of February, 1944. | |
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3 Definitions. | 3. In this order the following expressions shall have the meanings hereby assigned to them, that is to say :— | |
" the Act " means the Local Government Act, 1941 ; | ||
" the Act of 1926 " means the Local Authorities (Officers and Employees) Act, 1926 ; | ||
" the Minister " means the Minister for Local Government and Public Health ; | ||
" local authority " has the same meaning as in Part II of the Act ; | ||
" office " means any office within the meaning of Part II of the Act in respect of which the Minister is the appropriate minister and the word " officer " shall be construed accordingly ; | ||
" substitute officer " means an officer appointed to act as substitute for another officer while such other officer is on annual leave or, through sickness, absence or suspension, or through being seconded for other duties, is temporarily unable to perform the duties of his office ; | ||
" temporary officer " means an officer who is appointed to hold an office either— | ||
(a) for a specified period, or | ||
(b) until a specified work or duty has been completed or | ||
(c) until the appointment of another person to hold such office ; or | ||
(d) as a substitute officer ; | ||
" permanent officer " means an officer other than a temporary officer ; | ||
" existing officer " means a permanent officer who holds his office at the commencement of these regulations ; | ||
" the local authority " in relation to an office or an officer means the local authority under which such office is held or in whose service such officer is ; | ||
" the manager " means the person through and by whom the functions of the local authority other than the reserved functions are to be performed ; | ||
" remuneration " includes salary, fees, poundage and other payments received by an officer as such for his own use and also any apartments, rations or other allowances in kind appertaining to his office ; | ||
" inclusive remuneration " means the remuneration of an office in relation to which a direction given by the Minister under section 22 of the Act is in force ; | ||
" travelling expenses " means travelling expenses payable under these regulations in respect of a journey and does not include a fixed allowance ; | ||
" the officers' scheme " means the scheme which is for the time being in force under these regulations in relation to the relevant local authority, office or officer. | ||
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4 Submission of the officers' scheme. | 4. (1) The manager for every local authority by which any officers are appointed shall with all convenient speed prepare and submit to the Minister in triplicate a scheme (in this article referred to as " the scheme ") making provision for the following matters in relation to the offices under such local authority, that is to say :— | |
(a) the kind and number of the offices ; | ||
(b) the offices which are or are to be major offices ; | ||
(c) the remuneration of every office, whether the salary (if any) is to be paid quarterly, monthly, fortnightly or weekly, and, if the remuneration of any such office is inclusive remuneration, a statement to that effect ; | ||
(d) where the holder of any office is required to attend at regular hours, particulars of such hours ; | ||
(e) the offices the holders of which are to be paid travelling expenses in respect of every journey made on official business ; | ||
(f) where the whole or part of the remuneration of an office consists of salary the number of days annual leave to which the holder of such office is to entitled ; | ||
(g) the offices for each of which a substitute officer may be appointed and the remuneration payable to every such substitute ; | ||
(h) the offices the holder of each of which is to be required to procure a bond securing the local authority against fraud and embezzlement and the amount of such bond : | ||
(i) the major offices which are to be or have been amalgamated with other offices under section 32 of the Act. | ||
(2) In lieu of specifying the number of offices of a particular kind to be held under the local authority the scheme may provide that the said number is to be not less than a specified number and not more than another specified number. | ||
(3) Where the scheme provides in relation to a major office that a substitute officer may be appointed it may also provide that the office of such substitute shall be a major office. | ||
(4) The scheme may provide in relation to any particular office or in relation to every office belonging to a particular class, description or grade that the holder of such office shall comply with any specified requirement or condition before the expiration of a specified period. | ||
(5) The scheme may provide for the administration of any nursing service of the local authority or of any home or hospital maintained by the local authority under the supervision of a specified organisation whose objects include the nursing of the sick or the care of the poor. | ||
(6) Where the scheme provides for the amalgamation of any office with another office under a local authority other than the local authority it shall contain particulars of such other office, and shall make provision for appointments to the amalgamated office either by the local authority or by such other local authority and for the proportions in which the remuneration of the holder of the amalgamated office is to be paid. | ||
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5 Confirmation of the officers' scheme. | 5. (1) When a scheme is submitted to the Minister under Article 4 the Minister may if he thinks fit and subject to the provisions of sub-article (2) by order confirm such scheme. | |
(2) Where a scheme submitted to the Minister under Article 4 provides for the amalgamation of any office with an office under a local authority other than the local authority the Minister shall not confirm such scheme except after consultation with such other local authority. | ||
(3) When a scheme is submitted to the Minister under Article 4 the Minister may, in lieu of confirming such scheme require the manager to make and submit a new scheme and in such case it shall be the duty of the manager to make with all convenient speed a new scheme accordingly and to submit such scheme to the Minister and thereupon these regulations shall apply as if such scheme were submitted to the Minister under Article 4 for the first time. | ||
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6 Coming into force of the officers' scheme. | 6. Subject to the exceptions made by these regulations in relation to provisions amalgamating offices and in relation to inclusive remuneration a scheme submitted to the Minister under Article 4 shall come into force when confirmed by the Minister. | |
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7 Amendment of the officers' scheme. | 7. (1) The manager may at any time prepare and submit to the Minister a scheme amending the officers' scheme. | |
(2) Whenever any alteration has been made in relation to the offices under a local authority which is inconsistent with the officers scheme the Minister may require the manager to prepare and submit to the Minister a scheme amending the officers' scheme and embodying such alteration and the manager shall comply with such requirement with all convenient speed. | ||
(3) The provisions of Article 5 shall apply in relation to a scheme submitted to the Minister under this article as if such scheme were a scheme submitted to the Minister under Article 4. | ||
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8 Kind and number of officers to be appointed by a local authority. | 8.—(1) Every order of the Minister confirming an officers' scheme shall have effect as a direction by the Minister under section 11 of the Act that the kind and number of the officers to be appointed by the local authority to which such scheme relates shall, subject to the provisions of sub-articles (2) and (3), be such as are necessary to fill the offices mentioned in such scheme. | |
(2) A local authority may appoint a person to hold an office which is not included in the officers scheme if such appointment is, in the opinion of the manager necessary by reason of a sudden emergency or in circumstances which do not permit the making of a scheme amending the officers' scheme before such appointment, but notice of such appointment shall be given to the Minister forthwith, and every officer so appointed shall cease to hold office at the expiration of two months after such appointment unless during such month an amending officers' scheme including such office has come into force or the Minister has made a declaration under section 11 of the Act permitting such appointment to be made. | ||
(3) The provisions of this article shall not apply so as to prevent the appointment of officers under and in accordance with sub-articles (6) and (7) of Article 43 of the Public Assistance (General Regulations) Order, 1942. | ||
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9 Major offices. | 9. (1) Subject to the provisions of sub-articles (2) and (3) every office mentioned in the Schedule to these regulations, shall and is hereby declared to be a major office. | |
(2) The office of a substitute officer shall not be a major officeunless such office is expressly declared by the Minister to be a major office under Section 9 of the Act. | ||
(3) The office of a person appointed under sub-article (6) or (7) of Article 43 of the Public Assistance (General Regulations) Order, 1942, shall not be a major office. | ||
(4) Where the officers' scheme provides that any office other than those mentioned in the Schedule to these regulations is to be a major office, or that the office of any substitute officer is to be a major office, the order of the Minister confirming the officers' scheme shall have effect as a declaration by the Minister under section 9 of the Act that such office is to be a major office. | ||
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10 Performance of duties in person. | 10. (1) A medical officer of a hospital or of a dispensary district may be authorised by the manager from time to time to perform his duties for a limited period and subject to any conditions imposed by the manager through a deputy. | |
(2) No payment shall be made by the local authority to a deputy in respect of the performance of the duties of an officer under sub-article (1). | ||
(3) In granting any authorisation under sub-article (1) the manager shall comply with any directions issued by the Minister from time to time and applicable to the case. | ||
(4) Every officer shall, save in accordance with an authorisation under sub-article (1) or with the special permission of the Minister first had and obtained perform his duties in person and shall not entrust the performance of the same to a deputy. | ||
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11 Remuneration of officers. | 11. (1) Subject to the provisions of sub-article (2) the remuneration of any officer shall be in accordance with the provisions of the officers' scheme fixing the remuneration of the office which he holds. | |
(2) Nothing in these regulations or in the officers' scheme shall alter or affect the remuneration of an existing officer so long as he shall continue to hold the office which he holds at the commencement of these regulations save with his consent and the consent of the manager. | ||
(3) The order by the Minister confirming an officers' scheme which provides that the remuneration of any office is to be inclusive remuneration shall have effect as a direction by the Minister under section 22 of the Act, save that if at the coming into force of the officers' scheme such office is held by a particular person and such remuneration is not then inclusive remuneration, such provision shall not have effect in relation to such person as the holder of such office without his consent. | ||
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12 Payment of annual salary. | 12. An officer's annual salary shall be payable either monthly, fortnightly, or weekly in accordance with the officers' scheme. | |
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13 Periodical increments. | 13. Where the remuneration of an officer was fixed whether before or after commencement of these regulations so as to provide for one or more periodical increases no such increase shall take effect until the manager certifies that such officer's service has been satisfactory during the year immediately preceding the date of such certificate. | |
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14 Existing officers in receipt of fixed travelling allowances. | 14. If at the commencement of these regulations a fixed travelling allowance is and no travelling expenses are payable to an existing officer holding an office nothing in these regulations or in the officers' scheme shall prevent the payment of such travelling allowance or require the payment of travelling expenses to such existing officer so long as he continues to hold such office. | |
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15 Journeys in respect of which travelling expenses are payable. | 15. (1) A local authority shall pay travelling expenses in accordance with these regulations to every officer to whom travelling expenses are to be paid under the officers' scheme, in respect of every journey required to be made and made by him on official business. | |
(2) Where the officers' scheme does not provide for the payment of travelling expenses to a particular officer and such officer is specially required to make and makes a journey on official business outside the area in which his duties are normally performed the local authority shall pay travelling expenses to such officer in respect of such journey. | ||
(3) The payment of travelling expenses shall be subject to the following rules, that is to say :— | ||
(a) Every officer to whom travelling expenses are payable shall communicate in writing to the local authority the address at which he ordinarily resides and such address shall be regarded as his official residence for the purpose of these rules ; | ||
(b) subject to any direction made under rule (c) an officer's headquarters shall for the purpose of these rules be the principal offices of the local authority ; | ||
(c) the manager may direct that an officer's official residence or any specified premises occupied by the local authority shall be the headquarters of such officer for the purpose of these rules ; | ||
(d) no travelling expenses shall be paid to an officer in respect of a journey between his official residence and his headquarters. | ||
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16 Expenses of conveyance. | 16. The travelling expenses payable to an officer in respect of a journey shall include all expenses properly and necessarily incurred in the conveyance of such officer on such journey but subject to the following rules, that is to say :— | |
(a) The holder of an office of either of the following classes may travel first class by railway and be paid the cost of such first class travel, that is to say :— | ||
(i) where the remuneration of the office includes a cost-of-living bonus and the maximum annual salary exclusive of such bonus exceeds £700 ; | ||
(ii) where the remuneration of the office does not include a cost-of-living bonus and the annual salary exceeds £800. | ||
(b) The holder of an office of either of the following classes may travel second class by railway (or first class if second class is not available) and be paid the cost of such second class or first class travel, that is to say :— | ||
(i) where the remuneration of the office includes a cost-of-living bonus and the maximum salary exclusive of such bonus exceeds £500 ; | ||
(ii) where the remuneration of the office does not include a cost-of-living bonus and the annual salary exceeds £600. | ||
(c) Where two or more officers travel together by railway on the same business and Rule (a) or Rule (b) applies to one or more but not all of such officers the other such officers may travel and be paid the cost thereof as if such Rule applied to them. | ||
(d) Subject to the provisions of Rules (a), (b) and (c), no amount shall be included in travelling expenses in respect of the conveyance of an officer from place to place which exceeds the cost of such conveyance by the cheapest route and method which is reasonably possible. | ||
(e) The cost of the conveyance of an officer from place to place by a private motor-car, motor cycle, horse-drawn vehicle or pedal cycle in his possession shall be determined by reference to scales issued by the Minister from time to time. | ||
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17 Subsistence and day allowances. | 17. (1) Where a journey is made by an officer on business which obliges him to spend a night away from his home the travelling expenses of such journey shall include an allowance to be called a " subsistence allowance " for every such night, of such amount as the Minister shall have approved for the class to which such officer belongs. | |
(2) Where a journey is made by an officer on business which obliges him to remain away from his home for a continuous period of not less than ten hours during the day time the travelling expenses of such journey shall include an allowance for such period to be called "a day allowance" of an amount equal to one-third of the appropriate subsistence allowance. | ||
(3) Where an officer's claim for travelling expenses includes a claim for subsistence allowance or day allowance the account accompanying such claim shall show the exact times at which the journey began and ended. | ||
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18 Claims, etc., for travelling expenses. | 18. Before a local authority pays travelling expenses to an officer in respect of a journey such officer shall furnish to the local authority in writing a claim for such expenses including a detailed account of such expenses, and a signed statement that the journey was undertaken by him on official business and that any of such expenses claimed in respect of the conveyance of such officer from place to place were actually incurred by him. | |
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19 Hours of attendance. | 19. (1) Every officer who holds an office to which regular hours of attendance are assigned in the officers' scheme shall attend at his place of work during such hours on every working day unless incapacitated by illness or under the express orders or with the express permission of his superior. | |
(2) Records of the attendance at his place of work of every officer to whom sub-article (1) of this article applies shall be kept under the direction of the manager. | ||
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20 Grant of sick leave. | 20. (1) The manager may grant sick leave to an officer who is incapable of performing his duties owing to illness or physical injury if, and only if, the manager is satisfied that there is a reasonable expectation that such officer will be able to resume the performance of his duties and, in the case of a temporary officer, will be able so to resume during his period of office. | |
(2) The manager may require an officer to submit himself to an independent medical examination before he is granted sick leave and at any time during the continuance of sick leave granted to him. | ||
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21 Payment of salary during sick leave. | 21. (1) The manager may pay salary during sick leave to a permanent officer, or to a temporary officer whose period of service is not less than ten years, in accordance with the following rules, that is to say :— | |
(i) Except in the case mentioned in Rule (iv) no salary shall be paid to an officer when the sick leavegranted to such officer during any continuous period of four years exceeds in the aggregate three hundred and sixty-five days. | ||
(ii) Subject to the limitation mentioned in Rule (i) salary may be paid to an officer at the full rate in respect of any day's sick leave, unless, by reason of such payment, the period of sick leave during which such officer has been paid full salary together with the period during which such officer has been granted annual leave would exceed one hundred and eighty-three days in the case of a permanent officer, or ninety-two days in the case of a temporary officer, during the twelve months ending on such day. | ||
(iii) Subject to the limitation mentioned in Rule (i), salary may be paid at half the full rate after salary has ceased by reason of Rule (ii) to be paid at the full rate. | ||
(iv) If before the payment of salary ceases by reason of Rule (i) the Minister so consents, salary may be paid to a pensionable officer with not less than ten years' service in contravention of the said Rule (i) at either half the full rate or at a rate estimated to be the rate of pension to which such officer would be entitled on retirement, whichever of such rates shall be the lesser. | ||
(v) For the purposes of these rules Sundays and public holidays occurring within a continuous period of sick leave or annual leave shall be reckoned as part of such period. | ||
(vi) Where the remuneration of an officer includes rations and such officer does not draw such rations during a period of sick leave, the salary of such officer during such period shall be deemed for the purpose of these rules to be increased by a sum which in the opinion of the Manager is equal to the money value of such rations. | ||
(vii) Any money payments made to an officer as part of his remuneration in lieu of apartments, rations or other allowances in kind shall be deemed for the purposes of these rules to be part of his salary. | ||
(viii) For the purposes of these Rules a cost-of-living bonus which is part of an officer's remuneration shall be deemed to be part of his salary. | ||
(2) From the salary paid during sick leave to an officer who is an insured person within the meaning of the National Health Insurance Acts, 1911 to 1942, there shall be deducted the amount of any payments to which such officer has become entitled under those Acts during the period of such sick leave. | ||
(3) The manager may pay salary during sick leave to a temporary officer whose period of service is less than ten years if he considers that having regard to all the circumstances of the case such payment is reasonable. | ||
(4) Whenever the manager pays salary to an officer during sick leave and such officer's incapacity arises from a physical injury caused by an accident the manager shall require such officer to furnish as soon as may be a written report setting out the following particulars, that is to say :— | ||
(a) the circumstances in which the accident occurred ; | ||
(b) if such officer considers that any other person was responsible for such accident the name and address of such person, his solicitor (if any) and if such person's liability for such accident is known to be covered by an insurance company, the name and address of such insurance company ; | ||
(c) copies of any statements of witnesses which are available to such officer ; | ||
(d) whether such officer intends to claim damages from any other person for such injury. | ||
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22 Leave other than sick leave. | 22. (1) The following provisions shall apply to the grant of leave other than sick leave to a permanent officer or a temporary officer whose period of service is not less than ten years, the whole or any part of whose remuneration consists of salary, that is to say :— | |
(a) in a local financial year during the whole of which he holds office he shall be entitled to the number of days annual leave (if any) specified for his office in the officers' scheme ; | ||
(b) in a local financial year during part only of which he holds office he shall be entitled to a proportionately reduced number of days annual leave ; | ||
(c) if he is an existing officer who at the coming into operation of these regulations was entitled as part of his conditions of service to a number of days annual leave greater than the number referred to in paragraph (a) or paragraph (b) as the case may be, he shall continue to be so entitled ; | ||
(d) he may be granted special leave for a number of days not exceeding three by reason of the serious illness or death of a near relative ; | ||
(e) save in accordance with this article he shall not be granted leave other than sick leave. | ||
(2) Subject to the provisions of sub-article (1) the granting of leave other than sick leave to a temporary officer whose period of office is less than ten years shall be at the discretion of the manager. | ||
(3) The manager shall determine the days in each local financial year to be taken as annual leave by the various officers of such local authority in such manner as is in his opinion advisable. | ||
(4) The manager may at any time alter a determination made by him under the foregoing sub-article and may, if he considers that the circumstances urgently so require, recall any officer from annual leave to duty or provide for such officer's postponing the whole or a part of his annual leave to a time either before or after the end of the local financial year. | ||
(5) During an officer's annual leave he shall be entitled to receive in addition to his salary | ||
(a) if his remuneration includes rations and he does not draw such rations a sum which in the opinion of the manager is equal to the value of such rations, and | ||
(b) any money payments made to him as part of his remuneration in lieu of allowances in kind. | ||
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23 Manager's leave. | 23. Whenever the manager takes leave he shall forthwith notify the Minister and also, in the case of a county manager, the chairman of the county council, and in the case of a city manager, the lord mayor or mayor, as the case may be. | |
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24 Substitute officers. | 24. A local authority may appoint and pay remuneration to a substitute officer in accordance with the officers' scheme but not otherwise. | |
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25 Security against fraud or embezzlement. | 25. (1) Every officer other than a rate collector, whose duties include the receipt or disbursement of moneys, shall procure and keep in force a fidelity bond from an insurance company securing the local authority against loss caused by his fraud or embezzlement up to the amount specified in that behalf in the officers' scheme. | |
(2) The local authority shall pay the premiums on every bond in force for the purpose of this article. | ||
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26 Appointments to offices to which the Act of 1926 does not apply. | 26. Subject to the exceptions made by Articles 27, 28, 29, 30 and 31, the following provisions shall apply in relation to the making of appointments to offices to which the Act of 1926 does not apply, that is to say :— | |
(a) An advertisement shall be published in at least one newspaper circulating in the functional area of the local authority stating that the appointment is to be made, inviting applications from persons desirous of being appointed, stating how such persons can obtain full particulars and specifying a date not less than ten days after such publication before which such applications must be received. | ||
(b) Every person who applies in accordance with the advertisement for particulars of the appointment shall be furnished with such particulars. | ||
(c) The appointment shall not be made until after the date specified in the advertisement. | ||
(d) The person to be appointed shall be selected from among the persons who duly apply in accordance with the terms of the said advertisement. | ||
(e) Subject to the exception made by paragraph (g) the selection shall be by means of a competitive examination held on behalf of and under the direction of the local authority. | ||
(f) In holding a competitive examination for the purposes of this article the local authority shall comply with any directions issued by the Minister from time to time and applicable to such examination. | ||
(g) If the local authority in relation to a vacant office by order (or, where the office is that of rate collector to a county council, by resolution) decide that having regard to the nature of the duties of that office, the knowledge and experience necessary for the efficient performance of those duties, and the qualifications for that office the person to be appointed to that office cannot be satisfactorily selected by competitive examination and that such person is to be selected by some other specified procedure, such person may be selected by such other procedure. | ||
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27 Appointments from a panel. | 27. (1) The local authority may arrange for the holding of periodical examinations for the purpose of testing the qualifications of persons desirous of being appointed to an office of a particular class to which the Act of 1926 does not apply, and of preparing a list (in this article referred to as " a panel ") of such persons in order of merit. | |
(2) Whenever a vacancy occurs in an office of the class for which a panel has been prepared the local authority may appoint the person on such panel who is the highest in order and is still a qualified candidate, without an advertisement of such vacancy and without further selection. | ||
(3) Any two or more local authorities may combine to prepare one panel applicable to offices under both or all such local authorities. | ||
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28 Promotion, etc. | 28. (1) If the local authority in relation to a vacant office to which the Act of 1926 does not apply by order (or, where the office is that of rate collector of a county council, by resolution) decides that it is expedient that such vacant office be filled by the appointment of a particular permanent officer holding another office in the service of any of the local authorities mentioned in sub-article (2) the local authority may with the sanction of the Minister fill such vacant office by the appointment of such permanent officer without advertisement or further selection. | |
(2) The local authority may fill under sub-article (1) a vacant office from the service of the local authority or of any other local authority having the same manager as the local authority. | ||
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29 Appointments to services, etc., supervised by organisations. | 29. Where the officers' scheme provides for the administration of any nursing service or of any home or hospital under the supervision of a specified organisation, the person to be appointed to any vacant office the duties of which relate solely to such administration may be selected without an advertisement of such vacancy or competitive examination. | |
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30 Temporary appointments. | 30. The local authority may appoint a person to fill an office to which the Act of 1926 does not apply for a period not exceeding six months without advertisement, or examination. | |
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31 Removal from office by the local authority. | 31. (1) After complying with the provisions of sub-articles (3) and (4) the local authority may remove from office with the consent of the Minister, the holder of an office. | |
(2) On the removal of a person from office under this article the local authority may with the consent of the Minister appoint such person to another office to which the Act of 1926 does not apply or to another office to which the said Act does apply if such appointment can be made under sub-section (1) of section 5 of the said Act. | ||
(3) Before applying to the Minister for his consent to the removal from office under this article of the holder of an office the local authority shall give to such holder written notice stating— | ||
(a) its intention so to apply ; | ||
(b) the reasons for such application ; | ||
(c) that the Minister will consider any representations in relation to such removal such holder may send to the Minister before the expiration of seven days after the giving of the notice ; and | ||
(d) where the local authority proposes to appoint such holder to a new office particulars of such proposal. | ||
(4) An application by a local authority to the Minister for his consent to the removal from office under this article of the holder of an office shall state the reasons for such application and where the local authority proposes to appoint such holder to a new office particulars of such proposal. | ||
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32 Tenure of office. | 32. (1) Subject to the provisions of any regulations made or deemed to have been made by the Minister under paragraph (i) of sub-section (1) of section 19 of the Act, and to any declaration made by the Minister under Section 23 of the Act, and to the provisions of sub-articles (2) and (3) every permanent officer shall hold office until he shall die, resign, or be removed from office. | |
(2) When a person who is not already a permanent officer is appointed to a permanent office the following provisions shall apply, that is to say :— | ||
(a) there shall be a period after such appointment takes effect during which such person shall hold such office on probation ; | ||
(b) such period shall be one year. but the Manager may at his discretion, extend such period; | ||
(c) such person shall cease to hold such office at the end of his period of probation unless during such period the manager has certified that the service of such person in such office is satisfactory. | ||
(3) The holder of an office in relation to which the officers scheme provides that he shall comply with a specified requirement or condition before the expiration of a specified period shall cease to hold office at such expiration unless he has theretofore complied with such requirement or condition. | ||
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33 Report of marriage of female officer. | 33. When a female officer marries she shall inform the manager forthwith, and the manager shall report the marriage to the Minister. | |
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34 Report of an officer's reaching the age limit. | 34. Whenever there is in force in relation to a particular office a declaration under section 23 of the Act of a specified age as the age limit for such office and the holder of such office reaches such age the manager shall report that fact to the Minister. | |
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35 Manner of appeal by an officer to the Minister. | 35. An officer who wishes to appeal to the Minister under subsection (2) of section 10 of the Act against a decision of the local authority shall proceed as follows, that is to say:— | |
(a) he shall prepare a statement in writing setting out the decision of the local authority by which he is aggrieved and the grounds on which he is so aggrieved; | ||
(b) he shall send the said statement by registered post to the Minister together with a signed declaration that the facts contained in the said statement are true; | ||
(c) before sending the said statement to the Minister he shall give or send by post written notice of the appeal to the local authority together with a copy of the said statement. | ||
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36 Revocations. | 36. Upon the coming into force of the first officers' scheme in relation to a local authority the following orders shall cease to have effect in relation to such local authority, that is to say:— | |
(1) every order in force immediately before the commencement of the Act and continued in force by sub-section (3) of section 9 of the Act whereby an office or employment was prescribed by the Minister to be an office or employment to which section 15 of the Act of 1923 applied; | ||
(2) every order in force immediately before the 26th August, 1942, and continued in force by section 14 of the Act either | ||
(a) directing the kind or number of officers or servants to be appointed by a local authority for any purpose, or | ||
(b) determining the conditions of service or remuneration of any office or employment. | ||
(3) The Local Government (Minor Officers) Order, 1943. | ||
(4) The Local Officers (Removal by Local Authority) Regulations, 1943. | ||
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SCHEDULE. | ||
MAJOR OFFICES. | ||
A county manager. | ||
A city manager and town clerk. | ||
The town clerk of a borough or urban district. | ||
The treasurer (other than a banking company) for a county or other borough. | ||
A county secretary. | ||
The chief clerk of a mental hospital. | ||
The secretary of a public assistance authority. | ||
A poor rate collector of a county council. | ||
A county medical officer of health. | ||
An assistant county medical officer of health. | ||
The medical superintendent officer of health of a county borough. | ||
An assistant or deputy medical superintendent officer of health of a county borough. | ||
A medical officer whose duties relate to the administration of any of the following Acts, that is to say:— | ||
(a) The Tuberculosis (Ireland) Acts, 1908 and 1913. | ||
(b) The Public Health (Medical Treatment of School Children) (Ireland) Act, 1919. | ||
(c) The Public Health (Prevention and Treatment of Disease) (Ireland) Act, 1917. | ||
(d) The Notification of Births Acts, 1907 and 1915. | ||
A dental surgeon. | ||
An ophthalmic surgeon. | ||
The medical officer of health of a dispensary district. | ||
The veterinary inspector of a sanitary authority. | ||
The executive sanitary officer of a sanitary district. | ||
The surgeon of a county hospital. | ||
The physician of a county hospital. | ||
The medical officer of a district hospital. | ||
The medical officer of a county home. | ||
The medical officer of a dispensary district. | ||
The resident medical superintendent of a mental hospital. | ||
An assistant medical officer of a mental hospital. | ||
A city engineer or assistant city engineer in a county borough | ||
The borough surveyor of a county or other borough. | ||
A county surveyor. | ||
An assistant county surveyor. | ||
GIVEN under my Official Seal, this Thirty-first day of December, One Thousand Nine Hundred and Forty-three. | ||
SEÁN MacENTEE, | ||
Minister for Local Government | ||
and Public Health. |